Dar Al Arkan Real Estate Development Co v Bader & Ors

Dar Al Arkan Real Estate Development Co v Bader & Ors

The court does not have jurisdiction under article 22(5) of the Brussels Regulation to serve committal proceedings on Sheikh Abdullatif as he is not domiciled in a Member State, but has jurisdiction under CPR 81.4(3) to order committal of a foreign director for company contempt and may permit service out of the jurisdiction under CPR 6.36. Retrospective permission for service is granted, and the court declines to discharge the previous order for alternative service.

Parties
Claimant: Dar Al Arkan Real Estate Development Company; Claimant: Bank Alkhair B.S.C.; Defendant: Majid Al-Sayed Bader Hashim Al-Refai; Defendant: Kroll Associates UK Limited; Defendant: Alexander Richardson; Defendant: FTI Consulting Group Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Committal Application / Ruling on Jurisdiction and Service
Outcome
Permission granted for service of committal application and supporting documents on Sheikh Abdullatif in Saudi Arabia with retrospective effect; application to discharge previous order refused; no order dispensing with service as unnecessary.
Legal Topics
Committal Proceedings, Service Out of Jurisdiction, Brussels Regulation, Enforcement of Court Orders, Extraterritorial Jurisdiction
Civil Procedure Contempt of Court International Civil Litigation Committal Proceedings Service Out of Jurisdiction Brussels Regulation Enforcement of Court Orders Extraterritorial Jurisdiction

Case Brief

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Parties

Dar Al Arkan Real Estate Development Company

Claimant

Bank Alkhair B.S.C.

Claimant

Majid Al-Sayed Bader Hashim Al-Refai

Defendant

Kroll Associates UK Limited

Defendant

Alexander Richardson

Defendant

FTI Consulting Group Limited

Defendant

Procedural Posture

Committal Application / Ruling on Jurisdiction and Service

Legal Issues

  1. 1 Whether the court has jurisdiction to order imprisonment of a foreign director for contempt committed by a company
  2. 2 Whether service of committal application can be effected out of jurisdiction
  3. 3 Whether CPR 81.4(3) applies to directors/officers outside the jurisdiction

Ratio Decidendi

The court does not have jurisdiction under article 22(5) of the Brussels Regulation to serve committal proceedings on Sheikh Abdullatif as he is not domiciled in a Member State, but has jurisdiction under CPR 81.4(3) to order committal of a foreign director for company contempt and may permit service out of the jurisdiction under CPR 6.36. Retrospective permission for service is granted, and the court declines to discharge the previous order for alternative service.

Court Disposition

Permission granted for service of committal application and supporting documents on Sheikh Abdullatif in Saudi Arabia with retrospective effect; application to discharge previous order refused; no order dispensing with service as unnecessary.

Orders

  • Permission for service out of jurisdiction on Sheikh Abdullatif in Saudi Arabia
  • Retrospective effect to permission for service